Court of Criminal Appeals of Texas

Curvis W. Bell, Appellant v. the State of Texas

June 9, 19991999 Tex. Crim. App. LEXIS 74

Summary

The Court affirmed the trial court's sentencing order, holding that Article 42.08(b) does not require record evidence of the prior burglary conviction and that the double jeopardy claim fails under both Texas and federal constitutional law. The Court also rejected the Court of Appeals' reliance on Monge v. California to invalidate the stacking of sentences. Justice Johnson, in a concurring opinion, agreed with the judgment but emphasized the need for evidence of the defendant's inmate status at trial.